Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited


1 Neutral

1 Follower

  1. Sorry Andy, I must be getting mixed up with some other request, possibly one for getting evidence from them for court or something. I know something like that I tried to get all the info they held on me which they didn't respond to within the time limit specified. I will have to check again but maybe the SAR is a good way to go, thanks again.
  2. I don't think the SAR applies as it is/was a secured business loan and not therefore under the Consumer Credit Act, I did try that tack at one point. Thanks though havinacastella.
  3. Thanks dx, yes, possibly a shame, though I don't think it's all rubbish just have to be a bit more selective and I should have planned things a lot better.
  4. I've not considered mounting a claim yet but that sounds like a good idea, I suppose it depends on what I can include.
  5. Hi Andy, Thanks for the quick reply, sorry but I had gone to bed after posting. To give a bit more background then, the initial loan was to enable us to part-buy the shop with a flat above. Without giving exact figures let's say it was around £65K back around July 2005. A year or two into the loan I came across various articles regarding Freeman-on-the-Land and Lawful Rebellion and the like and realised that fraud may well have occurred with what I was seeing as a mortgage, long story short, I withheld payments and demanded to see or have them send me the original suite of mortgage paperwork including the deeds. They did not comply with this and eventually they issued a statutory demand. They then petitioned for my bankruptcy, which I managed to defend, pointing out they had the property as security and there was more than enough equity in it to cover the outstanding. The Judge did also order Nat West to bring the original mortgage documents into court which they agreed to do but then withdrew the petition. Then there was a year or two gap and they then went for a possession order. Which I did defend I then sent them a cheque from WeRe Bank for the full outstanding amount, which they failed to present correctly as prescribed for clearance, even though WeRe bank's manager wrote the court a letter assuring them the funds were available, he even tried to step in and assume the debt the Judge was having none of that and gave them a possession order and said he wouldn't give his permission if I wanted to appeal. What they are currently doing is they have sent us letters saying that they have sold the property at a loss (around £30K) and they want the balance of around £30K paying and we need to contact them within 7 days or they'll pass it on to debt collectors with all the additional legal cost involved therein. Warm regards Si
  6. Hi there, I recently had my shop and flat possessed by Nat West, due to a secured business loan (payable on demand), not a mortgage. They have marketed and sold the property at a significant loss, much below the likely market value and at around half the amount of the outstanding debt and are now after me for the remainder. I do have evidence of an offer I received to buy the property a few years earlier for much closer to the actual market value. (the sale unfortunately fell through) and neighbouring properties in the same terrace show similar market values. If anyone has any suggestions as to the likeliest ways to deal with this I would be most grateful.
  7. To get the court to order the Claimant to disclose and produce the documents requested via the CPR 31.14 request, which are needed for me to compose a full defence rather than an embarrassed one. Specifically the original loan agreement and mortgage deed and any information regarding transactions with SPVs or SPEs directly connected with such.
  8. I've had a response from Shoosmiths about the CPR 31.14 request but they say their client is not obliged to entertain my requests for disclosure as the court has not ordered them to complete a disclosure exercise at this stage and apparently my requests will incur unnecessary costs and are superfluous. So presumably the next step is an N244 form?
  9. Thanks caro, the loan was originally taken out in 2005 to partly fund buying the shop and flat above and was for scheduled regular monthly payments, which were initially paid regularly. I then sent them a notice requesting they send me the original agreement as it had come to my attention that fraud in the factum may have occurred and I suspected they had sold the agreement or deed on etc. "What action did Nat West take, if any, to try to avoid repossession?" They sent some final demand letters demanding the full amount of the mortgage arrears (interesting as they recently stated the amount didn't include any arrears) or phone them to arrange a mutually agreeable repayment plan. I originally expected to make the monthly payments from the profits of the shop.
  10. Whether I am in a position to make payments going forward is irrelevant as the loan is apparently 'payable on demand' and is not a regular repayment mortgage. No, I have not completed a budget sheet either.
  11. How does this look? My address Date In the XXXXXX County Court Claim number XXXXXX Between National Westminster Bank PLC – Claimant and Mr XXXXXXXX & Mrs XXXXXXXX- Defendants Defence 1) The claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence. I have made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules (see EXHIBIT J), to the Claimant to allow me to properly respond to the claim. Which was received by them on 21st April 2015, so the 7 days allowed for response will not enable me to receive them in time to comply with the court’s order to file a fully pleaded defence by 1st May 2015. The Defendant respectfully asks the permission of the court to amend this defence if or when the Claimant provides full disclosure of the requested documents and allows inspection of the original documents. 2) The Claimant may have no contractual rights that the court can enforce against the Defendant on the grounds that (a) the Claimant is not in contractual privity with the Defendant because the Claimant has sold or mortgaged the mortgage to another company which means that only the new lender is in contractual privity with the Defendant and only the new lender can assert a contractual claim against the Defendant; and (b) because the Claimant has sold the mortgage to another company, it has been paid in full for the mortgage and therefore the Claimant has suffered no loss and therefore there is no loss on which the court can be called upon to remedy. 3) The mortgage by deed/flexible business loan may be void as the precedent set in the high court, BOS v Waugh & Others [2014] by HHJ Behrens for a mortgage by deed failing to comply with section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989, in that the signatures of the mortgagors were not witnessed at the moment the deed was executed, which was also not on the day it was dated; and void ab initio under section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, in accordance with United Bank of Kuwait v Sahib, Murray v Guinness, Lloyds v Bryant and Keay v Morris Homes; as well as the principles laid down by Neuberger MR in Helden v Strathmore; namely, that a contract for the granting or mortgages in the future is caught by section 2. 4) District Judge P Evans ordered the original agreement to be produced by the bank or their agents, see EXHIBIT A. Prior to eventually withdrawing the bankruptcy petition Green & Co Solicitors agreed to produce the original agreement to the Court. See EXHIBIT B. 5) An offer was made by Alistair Beat of Tenon Recovery to settle the loan at a reduced price of around £36,000, a letter now in the archives of Shelter but again should be amongst the documents requested in my CPR 31.14 request. This could also point to the possibility of the Claimant having a defective title. 6) The alleged debt has already been discharged. Legal specie of payment pursuant to the Bills of Exchange Act 1882 has already been lawfully tendered for presentment, accepted by the Court Funds Office on 30th November 2009 and evidenced by electronic signature. Pursuant to the aforementioned Act non-acceptance of that payment should have resulted in any and all liability being discharged. See EXHIBITS C, D, E, F, G, H & I. 7) I put the claimant to strict proof that any default notice sent to me was valid. I note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237) 8) Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is an unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but give me a counter claim for damages Kpohraror v Woolwich Building Society [1996] 4 All ER 119 9) Ownership of the property was transferred into the sole ownership of Simon Robert Elder on 28th August 2008 (see EXHIBITS G & H already supplied). This was a formal transfer not an informal one as suggested by the Claimant’s solicitor at the hearing. Admittedly this should have been registered with the Land Registry. However I consider the fact that the Claimant only petitioned Mr XXXXXXXX for bankruptcy and not my then wife and Business Partner Mrs XXXXXXXX to be indicative that the alleged debt is solely my responsibility as they were informed of the transfer at the time. 10) I reserve the right to set off any charges or costs unduly incurred since the initial withdrawn Bankruptcy Petition of 2008/9 and the subsequent Set Aside Judgement of XXXXXXXX County Court Claim Number XXXXXXX of 2011 as all delays in have been the fault of National Westminster Bank PLC or their agents. Statement of Truth I XXXXXXXX, believe the above statement to be true and factual Signed .....................
  12. sent off a CPR 31.14 request letter which was signed for on 21/4/2015 but have now received a court order to file a fully pleaded defence by 1/5/2015 so there will not be enough time for the Claimant to comply and not enough time for me to uncover evidence of any transaction with an SPV/SPE, looks like I'll have to file an embarrassed defence. No joy from Civil Legal Advisor Specialist as they say it's too complicated for them to take on and can only suggest I need a Solicitor. I'm a bit unsure as to whether this means I am eligible for Legal Aid or not and if not whether Pro Bono might be of any help but time is not on my side it seems. Just wondering if I can now tag people who have researched some of this such as Smarterchick, supersleuth and enoughisenough
  13. I know this is a rather old thread now but as I am in a very similar situation I just wondered how this played out nj484?
  14. Unfortunately I missed a call from the specialist adviser and am having difficulty getting them to ring again As far as I can see, part of what I need to do is to serve a notice under CPR 32.19 that I wish the flexible business loan/mortgage document to be proved at trial. I suppose I'll have to do a S31 request first but which part for requesting documents concerning any dealings concerning the loan agreement with any and all 3rd parties, such as SPVs? I must admit I'm at a bit of a loss as to how to compose my defence in the best way as there are so many factors involved. They have previously tried to bankrupt me back in 2009, which they eventually withdrew from, then obtained a judgement against me behind my back by writing to my old address, which I managed to get set aside. So I do think it was their fault that they have already wrongly brought two cases against me and there should therefore not be any further charges added to the amount claimed. Also I have already tried to tender a payment via the Court Funds Office back in 2009, which according to the Bills of Exchange Act 1882 was accepted.
  • Create New...